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Hasmatbi W/O Gousmoddinsab … vs The State Of Karnataka on 20 April, 2017

:1:

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

Dated this the 20th day of April 2017

Before

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

Criminal Petition No.100635/2017

Between:

Hasmatbi
W/o Gousmodinsab Banakar
@ Jambur
Age: 50 years
Occ: Household work
R/o Hiremorab
Tq: Hirekerur
Dist: Haveri
…Petitioner

(By Sri Patil M.H., Advocate)

And:

The State of Karnataka
Through Hirekerur Police Station
Rep.by State Public Prosecutor
High Court of Karnataka
Bench at Dharwad
…Respondent

(By Sri Praveen K.Uppar, HCGP)
:2:

This petition is filed under Section 439 of Cr.P.C.
seeking to enlarge the petitioner on regular bail in
Hirekerur Police Station Crime No.22 of 2017
registered for the offences punishable under Section
498A, 307 r/w Section 149 of IPC and Section 3 and 4
of Dowry Prohibition Act.

This petition coming on for orders this day, the
Court, made the following:

ORDER

This is the petition filed by petitioner/accused No.2

under Section 439 of the Cr.P.C., seeking to release her on

bail of the alleged offences punishable under Sections

498A, 307 r/w Section 149 of I.P.C. and Section 3 and 4 of

Dowry Prohibition Act registered in respondent/police

station Crime No.22/2017 and after the death of the

injured and as per the requisition by the police, an offence

under Section 304B of I.P.C. was inserted in the case.

2. Heard the arguments of learned counsel

appearing for the petitioner/accused No.2 and also learned

High Court Govt. Pleader for the respondent/state.
:3:

3. Perusing the averments made in the complaint

one Smt.Makbulbi filed the complaint alleging that her

daughter given in marriage to accused No.4/Abdulmajid

two years prior to the date of incident. The accused No.1 is

the father-in-law, accused Nos.2 and 3 are mother-in-laws,

accused Nos.5 and 6 are brother-in-laws of the deceased

Samshad. The allegation that all the accused persons ill-

treated the deceased alleging that they were insisting her

to bring additional dowry from her mother and the

complainant had met their demands 2-3 occasion. Even

they have not satisfied and continued their ill-treatment

both mental and physical to the deceased and on

05.02.2017 all the accused poured kerosene on the

deceased and lit fire to her. Immediately she was taken to

the hospital namely Meggan Hospital, Shivamogga for

higher treatment and this was not informed to the

complainant by the family members and she was informed

by one boy of native stating that her daughter was

admitted to Government Hospital for treatment of burn

injuries. Immediately the complainant visited the hospital
:4:

and she came to know about the incident and filed the

complaint.

4. During the course of hearing of the petition, it

is brought to the notice of the Court that the matter still

under investigation and other accused persons yet to be

arrested in the case. Therefore, in view of the submission

at this stage, it is not proper to consider the bail petition

and to release petitioner/accused No.2. But however,

accused No.2 is at liberty to move the Court after

completion of investigation and filing of the charge sheet.

Accordingly, petition is hereby rejected.

All the contentions are kept open.

Sd/-

JUDGE

CLK

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